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2009 Supreme(Del) 748

SANJIV KHANNA
Mahinder Kumar Gupta – Appellant
Versus
Rajendra Prasad Centre for Ophthalmic Schiences – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Sunil Goyal, Adv. and Party-in-Person
For Respondents/Defendant:Mukul Gupta, Adv. for respondent No. 1-AIIMS

ORDER

Sanjiv Khanna, J.

1. The petitioner has filed the present writ petition claiming damages on the ground of medical negligence. The allegation is that he was administered Amikacin injection in his right eye while under treatment at the Gurunanak Eye Centre in the year 1997, which has resulted in damage and loss of vision in his right eye.

2. The petitioner had earlier filed a complaint before the Consumer Forum, which was withdrawn. Thereafter, he approached this Court by way of W.P. (C) No. 3980/2000, which was disposed of vide order dated 31st August, 2004 with the following order:

Learned Counsel for the respondent agrees to the proposal in terms of the last order whereby the petitioner will be satisfied if a Medical Board is constituted of AIIMS Doctors to look into the reports of the petitioner as well as the medical treatment given to him and to decide whether the treatment given to the petitioner was inadequate and not in accordance with the protocol and procedure.

In view of the aforesaid, it is directed that the Chief of the Eye Centre, AIIMS, shall constitute the Medical Board within a period of 15 days on the receipt of the copy of this order and a decision of the Bo
























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